Yarnall et al v Fifth Third Bank, N.A. et al
| Hector Chaverra, Tatiana Mykyta Polanin, Mark Hibbard, Neda Yarnall, Christopher Funk, Madelene Funk and Cheryl Hibbard |
| Unidentified Entities A through Z and Fifth Third Bank, N.A. |
| 0:2024cv03834 |
| October 7, 2024 |
| US District Court for the District of Minnesota |
| Katherine M Menendez |
| Douglas L Micko |
| Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 Case transferred in from District of New Jersey; Case Number 2:24-cv-07244. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Katherine M. Menendez and referred to Magistrate Judge Douglas L. Micko per MDL List. |
Filing 20
Order of MDL Panel transferring case to the District of Minnesota. (krg, ) [Transferred from New Jersey on 10/7/2024.]
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Filing 19
CONSENT ORDER granting #18 Defendant's Request for the Pro Hac Vice Admission of ALAN ABES and ROSS A. WILSON. Signed by Magistrate Judge James B. Clark on 9/3/2024. (dam) [Transferred from New Jersey on 10/7/2024.]
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| Filing 18 Letter from Philip S. Rosen to Honorable James B. Clark., III, U.S.M.J. requesting consent pro hac vice admission of Alan Abes and Ross A. Wilson for Defendant Fifth Third Bank, N.A.. (Attachments: #1 Declaration of Philip S. Rosen, #2 Declaration of Alan Abes, Esq. with exhibit, #3 Declaration of Ross A. Wilson and exhibit, #4 Proposed consent order admitting Alan Abes and Ross A. Wilson pro hac vice for Defendant Fifth Third Bank, N.A)(ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
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Filing 17
LETTER ORDER granting a second extension of time to move, answer, or otherwise plead to the Complaint, until November 8, 2024. Signed by Magistrate Judge James B. Clark on 8/29/2024. (ld, ) [Transferred from New Jersey on 10/7/2024.]
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| Filing 16 Letter from Philip S. Rosen to Honorable James B. Clark., III, U.S.M.J. requesting on behalf of defendant Fifth Third Bank an unopposed second extension of time to move, answer, or otherwise plead to the Complaint, for an additional 60 days to November 8, 2024. (ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 15 REPLY to Response to Motion filed by FIFTH THIRD BANK,N.A. re #11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule and response to plaintiff's cross-motion for a stay pending MDL Ruling on Transfer (Attachments: #1 Declaration of Service)(ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 14 BRIEF in Opposition filed by HECTOR CHAVERRA, CHRISTOPHER FUNK, MADELENE FUNK, CHERYL HIBBARD, MARK HIBBARD, TATIANA MYKYTA POLANIN, NEDA YARNALL re #11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(SAMMONS, DIANE) [Transferred from New Jersey on 10/7/2024.] |
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Filing 13
LETTER ORDER granting #12 Letter requesting an adjournment of the Motion staying the case to the following motion return date to 9/3/2024. Signed by Judge Julien Xavier Neals on 8/7/2024. (jd, ) [Transferred from New Jersey on 10/7/2024.]
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| Reset Deadlines as to #11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule. Motion reset for 9/3/2024 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, ) [Transferred from New Jersey on 10/7/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #12 LETTER filed by DIANE SAMMONS on 8/1/2024, was submitted incorrectly as a Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion. The Motion stay is non-dispositive. For future reference please submit this request using the "LETTER" event found under Civil, other documents. This message is for informational purposes only and Chambers will rule on the request. This submission will remain on the docket unless otherwise ordered by the court. (jd, ) [Transferred from New Jersey on 10/7/2024.] |
| Filing 12 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule . (SAMMONS, DIANE) [Transferred from New Jersey on 10/7/2024.] |
| Set Deadlines as to #11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule. Motion set for 8/19/2024 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, ) [Transferred from New Jersey on 10/7/2024.] |
| Filing 11 MOTION to Stay this action pending resolution of the motion that Fifth Third filed on July 25, 2024 in a related action in the United States District Court for the District of Connecticut, pursuant to the first-filed rule by FIFTH THIRD BANK,N.A.. (Attachments: #1 Declaration of Philip S. Rosen, #2 Exhibit 1 copy of the Motion for a Determination Pursuant to First-Filed Rule filed in the case captioned Perez et al. v. Fifth Third Bank, National Association, et al., Case No. 3:23-cv-01665-KAD, in the United States District Court for the District of Connecticut, #3 Memorandum of law in support of motion for stay, #4 Proposed order, #5 Declaration of service)(ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
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Filing 10
CONSENT ORDER granting #9 Defendant, FIFTH THIRD BANK, N.A. request for an extension of time to answer, move or otherwise respond to the class action Complaint, on or before 9/6/2024. Signed by Magistrate Judge James B. Clark on 7/19/2024. (jd, ) [Transferred from New Jersey on 10/7/2024.]
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| Filing 9 Letter from Philip S. Rosen to Honorable James B. Clark, III, U.S.M.J. enclosing a proposed consent order to extend time for defendant Fifth Third Bank to respond to the Complaint to and including September 6, 2024. (Attachments: #1 Proposed consent order)(ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Fifth Third Bank, N.A. on 07/02/2024, filed by HECTOR CHAVERRA, CHRISTOPHER FUNK, MADELENE FUNK, CHERYL HIBBARD, MARK HIBBARD, TATIANA MYKYTA POLANIN, NEDA YARNALL. (SAMMONS, DIANE) [Transferred from New Jersey on 10/7/2024.] |
| Filing 7 Corporate Disclosure Statement by FIFTH THIRD BANK,N.A.. (ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 6 NOTICE of Appearance by PHILIP S. ROSEN on behalf of FIFTH THIRD BANK,N.A. (ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 5 Proposed Order /proposed consent order extending the time for defendant Fifth Third Bank, N.A. to answer, move or otherwise respond to class action complaint to and including September 6, 2024 by FIFTH THIRD BANK,N.A.. (ROSEN, PHILIP) [Transferred from New Jersey on 10/7/2024.] |
| Filing 4 Diversity Disclosure Statement by HECTOR CHAVERRA, CHRISTOPHER FUNK, MADELENE FUNK, CHERYL HIBBARD, MARK HIBBARD, TATIANA MYKYTA POLANIN, NEDA YARNALL. (SAMMONS, DIANE) [Transferred from New Jersey on 10/7/2024.] |
| Filing 3 SUMMONS ISSUED as to FIFTH THIRD BANK,N.A.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) [Transferred from New Jersey on 10/7/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (qa, ) [Transferred from New Jersey on 10/7/2024.] |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) [Transferred from New Jersey on 10/7/2024.] |
| Judge Julien Xavier Neals and Magistrate Judge James B. Clark added. (ps) [Transferred from New Jersey on 10/7/2024.] |
| Filing 2 NOTICE of Appearance by DIANE E. SAMMONS on behalf of All Plaintiffs (SAMMONS, DIANE) [Transferred from New Jersey on 10/7/2024.] |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing and Admin fee $ 405 receipt number ANJDC-15470182) with JURY DEMAND, filed by TATIANA MYKYTA POLANIN, MARK HIBBARD, HECTOR CHAVERRA, CHERYL HIBBARD, MADELENE FUNK, NEDA YARNALL, CHRISTOPHER FUNK. (Attachments: #1 Civil Cover Sheet)(NAGEL, BRUCE) [Transferred from New Jersey on 10/7/2024.] |
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